Koffman v. Garnett

206 Va. 12, 574 S.E.2d 258 (2003)

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Nature of the Case

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Facts

P was a 13-year-old middle school student participating in the school's football team. D was employed as an assistant coach for the football team. During practice, D ordered P to hold a football and 'stand upright and motionless' so that D could explain the proper tackling technique to the defensive players. D, without further warning, thrust his arms around P's body, lifted him 'off his feet by two feet or more,' and 'slammed' him to the ground. P weighed 144 pounds, while D weighed approximately 260 pounds. The tackle broke the humerus bone in P's left arm. In his second amended motion for judgment, P alleged he was injured as a result of D's simple and gross negligence and intentional acts of assault and battery. D demurred and claimed sovereign immunity. P did not allege sufficient facts to support a lack of consent to the tackling demonstration and, therefore, did not plead causes of action for either gross negligence, assault, or battery. The trial court dismissed holding that D was entitled to sovereign immunity for acts of simple negligence and that the facts alleged were insufficient to state causes of action for gross negligence, assault, or battery because the instruction and playing of football are 'inherently dangerous and always potentially violent.' P appealed.